NO.
Order XXVI of C.P.C. contains 22 rules. There is no
provision conferring Suomotto powers on the trial Court or
any Court vested in the powers under C.P.C to appoint
Court
Commissions either for the purpose of examination of
witnesses, or to make local investigations, or for the sale of
movable properties, or for the performance of a ministerial
act or for the purpose of examining and adjusting the
accounts. That a Court cannot appoint a Commission without
there being an application, is indicated in Rule 20 of Order
XXVI of C.P.C., which is to the effect that the High Court may
issue Commission to examine witnesses upon an application
made by a party to the proceedings or upon an application by
a law officer of the State Government. The power of the High
Court under Rule 19 of order XXVI of C.P.C. ;to issue
commission to examine witness in a given situation is itself
conditioned by making an application by a party to the
proceedings of a foreign Court or the Government law officer